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 (a)        Motion to Tax Costs; Bill of Costs.  Within 14 days after entry of the judgment, unless the time is extended by motion filed prior to the expiration of the time, a party allowed costs shall file with the court and serve upon all adverse parties a motion to tax costs.  The motion to tax costs shall include a bill of costs verified pursuant to 28 U.S.C. section 1924 which itemizes the costs claimed under 28 U.S.C. section 1920.  Copies of receipts, billings, and payments shall be attached to the bill of costs.

 (b)       Objections.  Unless the clerk directs otherwise, notice of the motion to tax costs shall give adverse parties 14 days to file and serve on the movant any objections to the bill of costs.  Objections must have supporting evidence attached. 

 (c)        Taxation by Clerk.  Unless otherwise ordered, the clerk will tax costs without a hearing if no objection is timely filed.  A request to review the clerk's action must be filed within 14 days of entry of the clerk's order taxing costs.

 (d)       Allowable Costs.

 (1)        Transcript.  The cost of an original transcript of a court proceeding is taxable when authorized by the court before transcription.

(2)        Deposition.  The reporter's charge for the original or a copy of a deposition transcript is taxable when the deposition is reasonably necessary to the litigation.  A deposition is reasonably necessary to the litigation when a substantial portion of the deposition is admitted into evidence or used at trial for impeachment purposes; the deposition was used by the court in ruling on a motion for summary judgment; or the court so determines.

 (3)        Witness Costs.

 (A)       Lay Witness.  Witness fees, mileage, and subsistence costs are taxable if the witness testifies at trial or at a deposition found reasonably necessary to the litigation.  The request for witness costs shall be itemized, separating witness fees, mileage, and allowance for subsistence.

 (B)       Expert Witness Fees.  An expert witness fee is not taxable under 28 U.S.C. section 1920 unless the court, sua sponte or on motion by a party, appoints the expert and approves the fee amount.  An expert witness not appointed by the court will be paid the same fee as a lay witness.

 (C)       Witness is a Party.  A party will not receive a witness fee, mileage, or allowance for subsistence.

 (4)        Interpreter and Translator Fees.  An interpreter's fee or translator's fee is taxable if the fee for the witness whose testimony is interpreted or translated is taxable or if the translated document is admitted into evidence.

 (5)        Copies of Papers.  The cost for copying an exhibit is taxable when the exhibit is requested by the court or when the copy is admitted into evidence in place of an original.

 (6)        Photographs and Other Items.  The cost of a photograph, 8" x 10" in size or less, is taxable if the photograph is admitted into evidence.  The following costs are not taxable unless the court orders otherwise:  photographs larger than 8" x 10"; costs of charts or models; or the cost of compiling summaries, computations, or statistical comparisons.

 (7)        Jury Cost Assessment.  All jury costs, mileage and allowances for subsistence are taxed equally to all parties when a jury trial is settled or otherwise disposed of in advance of trial or during trial but prior to verdict.  No assessment will be made if the clerk is notified of the settlement before noon on the business day before the action is set for trial or if good cause is shown.

 Note:  See 28 U.S.C. sections 1920 and 1924; Fed. R. Bankr. P. 7054; and Fed. R. Civ. P. 54.

(a)        Memoranda.  The movant shall file with the motion a memorandum containing a  concise statement in support of the motion with a list of authorities.  A motion for summary judgment filed without a memorandum may be summarily denied.  A party opposing the motion shall, within 21 days after service of the motion, file a memorandum containing a concise statement in opposition to the motion with a list of authorities.  If no response is filed, the court may grant the motion.  The movant may, within 14 days after the service of a response, file a  reply memorandum.

 (b)       Undisputed Facts.  The memorandum in support of the motion shall set out as its opening a concise statement of all of the material facts as to which movant contends no genuine issue exists.  The facts shall be numbered and shall refer with particularity to those portions of the record upon which movant relies.

 (c)        Disputed Facts.  A memorandum in opposition to the motion shall contain a concise statement of the material facts as to which the party contends a genuine issue does exist.  Each fact in dispute shall be numbered, shall refer with particularity to those portions of the record upon which the opposing party relies, and shall state the number of the movant's fact that is disputed.  All material facts set forth in movant's statement that are properly supported shall be deemed admitted unless specifically controverted.

 

 The clerk shall not disburse funds deposited with the court without an order which:

 (1)        sets forth the name and address of each payee; and

 (2)        specifies the amount of principal and interest (if any) to which each payee is entitled, or a means for ascertaining the same. 

 The clerk shall not disburse funds to a payee until a tax identification or social security number for that payee has been received.

Unless the court orders otherwise, a party shall not transmit to a judge any communication regarding relief sought.  This rule does not preclude ex parte submission of orders for entry.  A communication regarding relief or opposition to relief directed to a judge or the clerk may be filed in the case or proceeding.  The court is not required to take any other action on the communication unless a party requests a hearing, moves to strike, or takes other action to properly bring the matter before the court.

If relief may be granted "after notice and hearing" as defined in 11 U.S.C. section 102, and unless otherwise specifically provided in these rules, the notice must contain the designation (title) of the motion or application, the date the motion was filed, and, unless a copy of the motion or application is served with the notice, a detailed summary of the relief requested.  The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing.

Every paper filed shall be captioned:

 

UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW MEXICO

 

and filed with the clerk of the bankruptcy court.  On every paper filed after the petition, the docket number shall include the chapter number of the case (noted first) and the initial of the assigned judge followed by the initial of the location of the section 341 meeting of creditors (noted last), e.g., 7-08‑12345‑SA, when the case is a chapter 7 case, the judge's initial is "S," and the location is Albuquerque.  This rule does not apply to papers generated by the court's electronic filing program for filing in a case.

Note:  See Fed. R. Bankr. P. 1005, 7010, and 9004(b).

(a)        In General.  A motion for enlargement of time shall recite grounds for the motion and the original deadline for taking action, any previous enlargement sought or granted, and the additional time sought.  A motion for reduction of time shall recite grounds for the motion and the means by which affected parties shall receive or have received fair and adequate notice.

(b)       Statements, Schedules, and Chapter 13 Plan.  A motion for enlargement of time to file statements or schedules, or a chapter 13 plan, shall set forth the date and time of the meeting of creditors and shall set forth the concurrence or opposition of the case trustee or in a chapter 11 case, the United States trustee.

Those Administrative Office Director's Procedural Forms and those local NM Forms (in lieu of an Official or Director's Procedural Form) designated by the clerk as "required forms" must be used.  The clerk will publish the required forms on the court's website "Forms" pages.

 "A Creed of Professionalism of the New Mexico Bench and Bar" applies in all proceedings before the United States Bankruptcy Court for the District of New Mexico.

 Note:   See http://www.nmbar.org/Attorneys/creed.html.

An attorney appearing before the court shall ensure that any paper submitted to the court sets forth the attorney's name, address, telephone number, facsimile number, if any, and e-mail address, if any, below the attorney's signature line.  That attorney has a continuing duty to promptly notify the clerk, in writing, of all changes in mailing address, telephone number, facsimile number, or e-mail address, including updating the attorney's Electronic Case Filing (ECF) account information.

No attorney shall be accepted as a surety for costs, or as surety on any appearance bond, appeal bond or other bond which may be given in any case pending in this court in which the attorney is counsel.

An individual appearing before the court without representation by an attorney shall ensure that any paper he or she submits to the court sets forth the individual's name and the individual's address, telephone number, facsimile number, if any, and e-mail address, if any, below the individual's signature line.  That individual has a continuing duty to promptly notify the clerk, in writing, of all changes in mailing address, telephone number, facsimile number, or e-mail address.

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